Okay, here is the analysis of the European Court of Human Rights’ decision in the case of *Shukurdzhyyev and Kuzmin v. Russia and Ukraine*.
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1. **Essence of the Decision:**
The European Court of Human Rights (ECtHR) found Russia responsible for violating the right to freedom of assembly (Article 11 of the Convention) of two Ukrainian nationals, Mr. Shukurdzhyyev and Mr. Kuzmin, in Crimea. The applicants were administratively charged for participating in a peaceful demonstration displaying Ukrainian symbols. The Court determined that Russia’s application of its laws in Crimea contravened the Convention and international humanitarian law, thus the interference was not “prescribed by law.” The Court also found no failure on the part of Ukraine to fulfill its positive obligations under Article 11.
2. **Structure and Main Provisions:**
The judgment begins by outlining the background of the case, focusing on the conflict in Crimea following Russia’s occupation. It details the administrative proceedings against the applicants for participating in a demonstration supporting Ukraine. The Court then addresses preliminary issues, including the joinder of the applications and the consequences of Russia’s failure to participate in the proceedings. The core of the decision assesses the alleged violation of Article 11 by both Russia and Ukraine. The Court concludes that Russia violated Article 11 by applying its laws unlawfully in Crimea and suppressing pro-Ukrainian expressions. It also finds that Ukraine did not fail to comply with its positive obligations, considering its limited control over Crimea. Finally, the judgment addresses the application of Article 41, awarding the applicants compensation for non-pecuniary damage and legal costs, to be paid by the Russian Federation.
3. **Main Provisions for Use:**
* **Jurisdiction:** The Court affirms Russia’s extraterritorial jurisdiction over Crimea before September 16, 2022, based on its “effective control of an area.”
* **Violation of Article 11 by Russia:** The Court explicitly states that applying Russian law in Crimea contravenes the Convention, particularly concerning freedom of assembly.
* **Administrative Practice:** The Court highlights the existence of an administrative practice by Russian “authorities” in Crimea aimed at suppressing pro-Ukrainian expressions.
* **Positive Obligations of Ukraine:** The Court clarifies the scope of Ukraine’s positive obligations under the Convention in areas beyond its effective control, emphasizing the need for reasonable steps within its power.
* **Compensation:** The decision sets a precedent for compensation to victims of Convention violations in Crimea, specifically related to freedom of assembly.
